General Terms and Conditions
Preamble: These General Conditions govern the contractual relationship between the Real Estate agency (the Agent) and any person interested in the purchase/sale or rental of a property (the Principal or the Client).
The use of our services is subject to the prior acceptance without restriction or reservation of these General Conditions.
1: proof and traceability: Due to the practical constraints of our profession, and to allow us to deal with our missions with speed, transparency and flexibility, it is agreed that the respective rights of the parties may be established by any means of law, and in particular by working documents, list of candidates approached, visit vouchers, meeting notes, faxes and e-mail.
– The visit voucher: authenticated document is filled in with the customer’s data and that of the property visited.
-The Sale/Lease Mandate: includes the elements of the property subject to this mandate and those of the owner (seller or lessor) or his agent.
2: exclusivity of the Mandate: When our mission is entrusted with exclusivity, the duration thereof cannot exceed 6 months and the commission is due to the Agency if the prospective buyer or tenant is presented by a third party or by the customer directly. The contract will be automatically renewed unless terminated.
3: monthly report: The Agency communicates must send every month, to its Client agent in writing, by email or by interview, all information relating to the execution of the mission.
4: finder’s fee: The fee includes taxes and the cost of additional mandatory services. It corresponds to 3% of the price obtained or to one month’s rent and is increased by VAT, without a price reduction granted by the Client being enforceable against the Agency. If the sale or rental contains charges, these will be valued to determine the commission.
5: payment: Our invoices are payable in cash to the account indicated. Any amount unpaid within 15 days by the Client or by the Agency bears interest at the legal rate in civil matters.
6: List of candidates/Prospects: Within 7 working days after the end of its mission, the Agency sends the Client the list of people to whom it has given precise and individual information on the property. The Agency is entitled to its commission for transactions concluded by the Client within six months of the end of the mission, with a person appearing on this list.
7: Price offer: Any offer collected by the Agency will be expressed in writing or in another way that gives the Client certain proof. The Customer accepts offers sent by fax or e-mail.
8: applicable law and jurisdiction: For any dispute, the court will apply Moroccan law and will be determined by the articles of the Judicial Code. In case of silence of the law or the convention, the uses of the profession of real estate agent will also be applicable, and in particular as regards the determination of our commission.
9: Non-exclusive mandate: When a non-exclusive mission is given, it is for an indefinite period, the contract will be automatically renewed unless terminated by the Client. The customer thus benefits from the service of a wide range of selected intermediaries.
In the event that the owner sells/leases without the intervention of the agents, they will not be entitled to any compensation. The Owner undertakes, however, to inform them without delay, specifying the names of the purchaser.
10: Third-party assistance: When the Agency calls on a partner, even on its own initiative, each assumes sole responsibility for its own tasks in a divided manner and without solidarity.
11: Expertise: The Agency assumes no responsibility in setting the price requested by the Client if it carries out a prior expertise. The asking price is a basis for negotiation and not a result imposed on the Agency.
12: Information: The Customer guarantees the Agency in the event of a complaint from third parties concerning missing or erroneous information communicated by the Customer and transmitted by the Agency on the goods offered for sale or rental. The Agency is not responsible for verifying the urban planning status of the property subject to the mission.
13: Personal data: The Agency will act with discretion. The Client authorizes the Agency to use the personal data necessary to carry out its mission. The Client authorizes the Agency to reproduce the image of his property on paper, digital or Internet media.
14: Waiver: The mission of the Agency is to find a buyer or a tenant. If the Client decides not to sell or rent after the Agency has found an amateur under reasonable conditions, the commission will be due.
15: Real estate mandate: This contract binds the owner and the real estate professional, it allows to supervise the sale or the rental and to specify all the modalities. As an official document, the real estate mandate makes it possible to formalize the conditions and the essential details of a real estate sale/rental (sale/rental price, duration, fees, etc.). It makes it possible to officially entrust a real estate agent with the task of selling/renting a property while framing the expected services.
Mandatory information for a Real Estate Mandate:
– Identity of the principal, his address and his signature,
– identity of the agent: identity and professional card number of the agent. If it is an agency, it must include the corporate name of the company as well as the RC number.
– The designation of the property: Address, description and title deed.
– the selling price/rent
– the conditions of the mandates: duration of the mandate, renewal..
– the fees of the real estate agent or the real estate agency, in the form of a fixed sum or a percentage, the payment deadline.